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The Examiner Will Be Looking and Expecting For The Following From Your Answer
The Examiner Will Be Looking and Expecting For The Following From Your Answer
your answer:
1. Recognition of the issues posed;
2. Proper understanding and appreciation of the facts, particularly of
the components or details that can be material in resolving the given
issue;
3. Appreciation of the applicable laws that may come into play;
4. Resolution of the issues through the analysis and application of the
law to the given facts; and
5. Presentation and articulation of answer.
The line of reasoning that you adopt should be clear and consistent
without gaps or digressions. This is the most important element in your
answer and, therefore, carries the most weight in the grading process.
CONCLUSION
You should address yourself to the task that the question asks you to
perform. For example, if the question calls for a specific conclusion or
result, such conclusion should clearly appear in your answer and should
be stated concisely and without equivocation.
ARTICULATION
You must also be aware that the Bar questions are not all “case or
situationer problems”. There are other types of Bar essay questions you
ought to know so you will be able to prepare and answer them properly
in case you encounter one. The usual types of Bar essay question are
enumerated below:
1. Enumeration;
2. Distinction;
3. Definition;
4. Reason behind the law/concept/principle; and
5. Case Problem.
CASE PROBLEM
Given that you know already the law; that you know how to apply it to the
set of facts; that you write legibly enough; left you with one problem –
that is how are you going to present or articulate it in an impressive
manner.
Okay, you already have an outline but isn’t it boring for the examiner to
read in your answers the same words or phrase at the beginning of your
paragraphs? For example you will use these words in every answer: the
contention is untenable; the law provides; therefore. The examiner will
spot this and might not be impressed to you at all which will result to a
lesser points.
You will agree that the hardest thing to do is to start. We want that the
first sentences or paragraph we will write will impress the examiner and
more often we cannot find the right words to start. Would it be easier if
just like the outline you have already a pool of words waiting to be used?
The following “Useful Introductory Lines” are mostly taken from the
article of Atty. Rey C. Tatad, Jr. with the same title.
10.Petitioner’s/Respondent’s/Complainant’s/Plaintiff’s/Defendant’s/
Accused reliance on the (i.e. doctrine of…) is inappropriate.
11. It is a futile gesture on the part of the respondent to invoke the rule
on…
12. The theory/argument has no ground to stand upon.
13. The contention has no leg with which to stand on.
14. The position of the petitioner runs counter with the doctrine of…
15. The case will not prosper.
16. The case is not tenable.
17. The act of the accused in… is of no moment.
18. The assertion lacks substance.
19. The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his
cause.
20. The court cannot countenance the (i.e. inconsistent postures of the
petitioner)
21. The testimony that…, cannot be given credence.
22. The evidence presented has no probative value.
23. The allegation is belied by the fact that…
24. To put it otherwise would be to render the law on _____________
useless/futile.
25. The actuations of the accused in (i.e. fleeing and hiding) negates
(i.e.
innocence)
26. While it is true that _______________ is a (i.e. constitutional
guaranteed right
nugatory.
32. It would be absurd and incongruous to sustain the argument that…
33. It is not enough that…
34. The fact that … is immaterial since…
35. The fact that … is irrelevant since…
36. In itself, mere …… is not sufficient (i.e. to warrant conviction)….
37. The petitioner cannot give any additional meaning to the clear and
plain
(But if the facts are complete in itself, do not attempt to add facts or
assume anything.)
1. We must distinguish. If… (or As far as the __________ is concerned)
2. It depends. If…(or As far as the __________ is concerned)
3. The question requires a qualified answer. If…
4. I will qualify. If…
5. On the assumption that…
6. My answer must be qualified.
* Do not use the words series, litany or long-line if there is only one
that
14. In a case with similar facts, the Supreme Court ruled that…
15. In several notable Supreme Court decisions, the highest court
declared that…
16. The Supreme Court has often stressed that…
17. In the landmark case of _____________, (if the case is so famous)
the
CONCLUDING WORDS
1. From the gamut of evidence on hand, it can be gathered/deduced
that,…
2. Taken all together,…
3. Finally, …
4. Hence, …
5. Therefore, …
6. From the foregoing, it can be deduced that there is really (i.e. a
violation of…)
7. From the foregoing, it is now safe to conclude that….
8. Lastly, …
9. Consequently,…
10. As a necessary consequence…
11. The logical implication is that…
12. At any rate,…
13. In view of the foregoing,…
14. As an inevitable conclusion,…
15. In the light of the circumstances,…
16. Undoubtedly,…
17. Indubitably,…
18. Clearly, the case at hand falls squarely within the purview of…
19. Verily, he/she has committed…
20. For this/these reason/s, it is unavoidable to conclude that…
21. Based on the facts obtaining,…
22. In this light,…
23. This being the case…
24. Clearly therefore, applying the aforecited ruling in the case at hand,
…
25. In light of the foregoing, it is beyond cavil (doubt) that,…
26. There is no doubt that…
27. To the unprejudiced mind, the actuations of the three, when
analyzed and taken together, leads to no other conclusion except
that (i.e. conspiracy
Using the outline and the “first liners” above, make a format or model of
your answer and use what you deem is applicable in a given question.
You may make your own models as many as you want but it is
suggested to have at least 10 models. Here are some examples (taken
from my 2007 Bar Tips to NEU and INC Bar Examinees):
No/Yes. He can/cannot…..,
Hence.. …
X’s claim is not meritorious, hence the case should be decided against
him
Therefore/Consequently… . . .
The. . . . is proper/tenable/untenable
Moreover . . ..Hence/Therefore
ENUMERATION
1.
2.
3.
(1)…
(2)…
5. The following are the requisites for…
6. In order that a case for (i.e. B.P. 22) to prosper, the following
elements must be attendant/present:
7. To constitute (i.e. homicide), the following requisites must concur:
8. (i.e. Legal compensation) requires the concurrence of the following
conditions:
9. To establish a person’s culpability under (i.e. estafa), it is
indispensable
that…
DISTINCTION
When being asked to distinguish, do not state its definition. If you give its
definition, you are in effect asking the examiner to extract out the
differences of the two [or more] from your definition. Do not also give
their similarities. You are asked to differentiate and contrast, so
similarities are not included. The number of distinctions you will give
must also be proportionate on the points allotted for such. If it is only
worth two points, do not give 8 distinctions. The examiner cannot give
you 8 points for that. For a two point distinction question, perhaps, three
would be enough (four is not too much).
1. The (i.e. two) may be distinguished from each other in the following
ways:
a.
b.
2. In the first, it is necessary that there be….., whereas in the second it
is sufficient that there be ….
3. In the former, … while in the latter…
4. The former requires … while the latter…
5. … on the other hand ______________ is…
DEFINITION
1. ________________ is a comprehensive term used to describe
_______.
2. _________________, in its generally accepted sense, refers to ….
3. … It is a safeguard and guarantee provided by the 1987
Constitution..
4. … It is a kind of relief granted to a ______________ by the …
5. ________________ is a branch of public law (or private law) which
deals with..
6. It pertains to…
7. It connotes a ….
8. … is a doctrine in (i.e. Civil Law) which refers to…
9. … is a principle in (i.e. Criminal Law) which states that…
10. It presupposes…
11. Its principal identifying feature is..
12. It is akin to…
13. The function of which is to…
14. The office of which is to…
3. Set a time schedule. It’s easy to waste time by getting carried away
by a single question or by getting stuck on a question that’s giving
you trouble. Make a general allocation for each question and adjust
the time depending on their percentage weight. Monitor your pace so
that you stay calm and will be able to answer all questions on the
exam.
5. Be reminded that one of your tasks while preparing for the Bar exam
is to become an expert fact pattern reader. So what do you do if
you aren’t very good at reading facts? You need to experiment with
different ways to get better at reading facts. Practice answering past
Bar questions as many as you can. Analyze the suggested answers
and take note how the answers used the facts in the problem.
Remember, you won’t get all the possible points if you don’t
understand what the Bar examiners are asking you. You must
become an expert fact reader in order to write a complete exam
answer.
7. Use logic or common sense when you do not know the answer. Ask
the question, “What is the best solution or resolution for this case?”
or “If I were the examiner how do I want the question answered?” Do
not just guess, make a smart guess. Your best guide is to think what
is most just and equitable since these are the purpose any law seeks
to achieve.
11. Don’t submit your test booklet too early. There’s no prize for early
finishers. Budget and utilize all the time allocated for you to: (a)
compose good answers; (b) review your answers; and (c) write
legibly.
14. At least twice during your bar prep (ideally four), do a simulated
Bar exam day. Do a mock version of it. The key is to practice under
conditions similar to the actual Bar examinations. This will make you
mindful of time constraints and more comfortable when you
approach the real test, the Bar exam.